Bitcoin being classified as property is far, far, far better than having it be c

[hello_good_sir]

Bitcoin as property = 0% tax most of the time, sometimes up to 20%

Bitcoin as currency = 25% tax most of the time, sometimes up to 39.6%

Also you will realize that the record keeping hassle for using it as currency is identical, if you stop to think about it.  Plus wallet software will take care of this soon enough.

There is no practical advantage to it being treated as currency.

[achtung082]

An individual who "mines" has to pay TAX on receipt of the virtual currency / property at the time it is mined and then again when they actually realize a gain  and use it in a transaction, as stated in the IRS guidance.

Do you think this is going to be good for the network long term?

[hello_good_sir]

An individual who "mines" has to pay TAX on receipt of the virtual currency / property at the time it is mined and then again when they actually realize a gain  and use it in a transaction, as stated in the IRS guidance.

This would be the case whether bitcoin was classified as property or foreign currency.  There really isn't a classification where mining would not be taxed as income.

Do you think this is going to be good for the network long term?

If you tax something, you get less of it.  So taxing the people who secure the network means that the network will be less secure.

[achtung082]

Correct so TAXing as currency treats miners and investors equally badly.

 

[hello_good_sir]

Correct so TAXing as currency treats miners and investors equally badly.

Yes, which is why the idea of treating it as a currency is a horrible idea.  Wait a second... are you arguing in favor of higher taxes?  Out of spite?

[DeathAndTaxes]

It depends on how it is used.   In the US currency gains of less than $200 on transactions involving the purchase of goods or service by an individual (sorry for profit businesses this doesn't apply) are exempt from any taxes.

This is why if you go on vacation to Mexico for example and exchange $100 for pesos, and before you buy a beer the next day, it doesn't matter if the exchange rate rises slightly.  If the pesos you now spend are worth $101.20 you don't have to keep a record of each transaction, amount, time, corresponding exchange rate, and then load all that into your tax software to compute a currency gain of $1.20.  For exempt transactions, it is considered a de-minimis gain and you are not required to report it or pay taxes on it.  

As an example lets look at a consumer who buys 4 BTC from coinbase at $500 ea and later spending those to buy a $1,500 computer from tigerdirect for 2.9 BTC ($517 exchange rate).  Today under IRS guidance there is a $49.30 gain and it would need to be reported as a capital gain tax.  The problem isn't so much the tax but all the complex of the recording and computing of that tax.  The time, exchange rate, and amount of each purchase and spend needs to be recorded and the capital gain schedule filed out, the gains have to be categorized as long vs short and the applicable rates applied.  If it was treated as a currency then the transaction would simple be exempt.  Not only does the taxpayer pay nothing they don't need to file anything. 

Of course right now Bitcoin is appreciating (or at least has the potential to appreciate) and the gains may be more than $200 so it may not make much difference, however in a decade or two if/when Bitcoin is much larger and the growth rate much slower it would be much simpler for most average user of the currency if it was treated as a currency. 

Regardless of it one wants it to be treated as property, there is no logical reason for it:
* You exchange $100 for pesos and spend them.  Treated as a currency (and in most cases is exempt).
* You exchange $100 for euros and spend them.  Treated as a currency (and in most cases is exempt).
* You exchange $100 for pounds and spend them.  Treated as a currency (and in most cases is exempt).
* You exchange $100 for yuan and spend them.  Treated as a currency (and in most cases is exempt).
* You exchange $100 for yean and spend them.  Treated as a currency (and in most cases is exempt).
* You exchange $100 for Bitcoin and spend them.  Magically it is "property" and capital gains need to be computed. WTF?



Think about it for a second.  Have you ever traveled overseas on vacation or business?  If so did you exchange USD for foreign currency and use it to pay for goods or services?  Did you then track the exchange rate at the time of the exchange and at the time of each purchase, record all that in a log, and compute the total gain if any ad at the end of the year take that log plus the logs for all other trips and add it to your tax return?  I am guessing not.

[wormbog]

It depends on how it is used.   In the US currency gains of less than $200 and involving the purchase of goods or service (for profit operations are generally excluded) are exempt from taxes.

This is why if you go on vacation to Mexico for example and exchange $100 for pesos and before you buy a beer the next day the exchange rate improves giving you $101.20 worth of pesos you don't have to record that gain on your taxes.  It is considered a de-minimis gain and you are not required to report it.  Of course right now Bitcoin is appreciating (or at least has the potential to appreciate) that it may not make much difference, however in a decade or two if Bitcoin is much bigger and growing much slower it would be simpler for most average users of the currency (not miners, not day traders, no people who are sitting on millions of dollars worth of gains) for it to be treated as a currency.

For example someone buys 4 BTC from coinbase at $500 ea and later buys a computer from tiger direct but before they do the exchange rate rises so their $1,500 computer only costs 2.9 BTC.  Today under IRS guidance that $49.30 gain would need to be reported as a capital gain tax.  The problem isn't so much the tax but all the complex of the recording and computing of that tax.  If it was treated as a currency then the transaction would be exempt.

Think about it for a second.  Have you ever traveled overseas on vacation or business?  If so did you exchange USD for foreign currency and use it to pay for goods or services?  Did you then track the exchange rate at the time of the exchange and at the time of each purchase, record all that in a log, and compute the total gain if any ad at the end of the year take that log plus the logs for all other trips and add it to your tax return?  I am guessing not.

Thanks for the clear answer (as usual!)

But - if bitcoin is taxed as a currency it would be possible to make a multitude of small purchases to avoid paying tax on the appreciation. For example, if I bought a bitcoin in 2013 for $10, and by 2015 it's worth $10,000, I could make a lot of $200 purchases and avoid getting taxed on the gains. I could see why the IRS would not favor that result.

[DeathAndTaxes]

But - if bitcoin is taxed as a currency it would be possible to make a multitude of small purchases to avoid paying tax on the appreciation. For example, if I bought a bitcoin in 2013 for $10, and by 2015 it's worth $10,000, I could make a lot of $200 purchases and avoid getting taxed on the gains. I could see why the IRS would not favor that result.

I am not a tax attorney or CPA I don't know all the limits and caveats of the foreign currency rules.  I would imagine there probably are some annual caps to the exemption and if there isn't (because most currents are inflationary so you are just jumping from one sinking ship to another one) then I would imagine Congress would put some limits in quick if people are using it to exempt huge sums of wealth.

On edit:
Well you got me curious so I looked it up.  At the current time there doesn't appear to be an annual cap only a limit of $200 gain per transaction.  It is important to note this is an all or nothing exemption.  If the gain is $200.00 (or less) no taxes are due.  If it is $200.01 or more then taxes are due on the entire $200.01 (not just the portion over $200).  Of course an annual cap or limit could be imposed in the future (Congress is good about doing stuff like that).

This shouldn't be considered financial or legal advice, one should always consult with an attorney or accountant for professional advice.

26 U.S. Code § 988 - Treatment of certain foreign currency transactions ...

(e) Application to individuals
(1) In general
The preceding provisions of this section shall not apply to any section 988 transaction entered into by an individual which is a personal transaction.
(2) Exclusion for certain personal transactions
   If—
   (A) nonfunctional currency is disposed of by an individual in any transaction, and
   (B) such transaction is a personal transaction,
no gain shall be recognized for purposes of this subtitle by reason of changes in exchange rates after such currency was acquired by such individual and before such disposition.

The preceding sentence shall not apply if the gain which would otherwise be recognized on the transaction exceeds $200.

(3) Personal transactions
For purposes of this subsection, the term “personal transaction” means any transaction entered into by an individual, except that such term shall not include any transaction to the extent that expenses properly allocable to such transaction meet the requirements of—
   (A) section 162 (other than traveling expenses described in subsection (a)(2) thereof), or
   (B) section 212 (other than that part of section 212 dealing with expenses incurred in connection with taxes).

[jakedeez]

It depends on how it is used.   In the US currency gains of less than $200 and involving the purchase of goods or service (for profit operations are generally excluded) are exempt from taxes.

This is why if you go on vacation to Mexico for example and exchange $100 for pesos and before you buy a beer the next day the exchange rate improves giving you $101.20 worth of pesos you don't have to record that gain on your taxes.  It is considered a de-minimis gain and you are not required to report it.  Of course right now Bitcoin is appreciating (or at least has the potential to appreciate) that it may not make much difference, however in a decade or two if Bitcoin is much bigger and growing much slower it would be simpler for most average users of the currency (not miners, not day traders, no people who are sitting on millions of dollars worth of gains) for it to be treated as a currency.

For example someone buys 4 BTC from coinbase at $500 ea and later buys a computer from tiger direct but before they do the exchange rate rises so their $1,500 computer only costs 2.9 BTC.  Today under IRS guidance that $49.30 gain would need to be reported as a capital gain tax.  The problem isn't so much the tax but all the complex of the recording and computing of that tax.  If it was treated as a currency then the transaction would be exempt.

Think about it for a second.  Have you ever traveled overseas on vacation or business?  If so did you exchange USD for foreign currency and use it to pay for goods or services?  Did you then track the exchange rate at the time of the exchange and at the time of each purchase, record all that in a log, and compute the total gain if any ad at the end of the year take that log plus the logs for all other trips and add it to your tax return?  I am guessing not.

I agree with the complexity being an issue, but it is also a solvable one.  If that same consumer who bought 4 BTC from coinbase also had coins with a higher cost basis, then they are able to match gains vs losses to avoid creating a taxable event. 

[bitbouillion]

Also you will realize that the record keeping hassle

There is even no record keeping hassle, since all transactions are stored in the blockchain. E.g. blockchain.info allows to export all transactions for any bitcoin address into a csv file. Historical fiat prices are  downloadable from different exchanges. A simple script would do the rest and from there you can import it into a tax software.
 

[achtung082]

Also you will realize that the record keeping hassle

There is even no record keeping hassle, since all transactions are stored in the blockchain. E.g. blockchain.info allows to export all transactions for any bitcoin address into a csv file. Historical fiat prices are  downloadable from different exchanges. A simple script would do the rest and from there you can import it into a tax software.
 

Now look at it from a home miners perspective, who also mines script and converts to btc, to use for transactions and never holds btc long term. It soon becomes more of a hassle then it is worth to use btc.
The current IRS rules will drive these individual miners away, and or they will not spend the btc as the mining and transaction record keeping burden and the idea you have to pay TAX on property before you have realized a gain on it is crazy. To me BTC is not worth anything at all until you transact with it, so how can you charge tax on mining it.

If you are an investor and want to hold btc long term then yes this is the best thing that could have happened. A smaller number of individuals or institutions could benefit a great deal.

[LostDutchman]

Bitcoin as property = 0% tax most of the time, sometimes up to 20%

Bitcoin as currency = 25% tax most of the time, sometimes up to 39.6%

Also you will realize that the record keeping hassle for using it as currency is identical, if you stop to think about it.  Plus wallet software will take care of this soon enough.

There is no practical advantage to it being treated as currency.

And you are smoking just what?

My $.02.

[hello_good_sir]

As an example lets look at a consumer who buys 4 BTC from coinbase at $500 ea and later spending those to buy a $1,500 computer from tigerdirect for 2.9 BTC ($517 exchange rate).  Today under IRS guidance there is a $49.30 gain and it would need to be reported as a capital gain tax.  The problem isn't so much the tax but all the complex of the recording and computing of that tax.  The time, exchange rate, and amount of each purchase and spend needs to be recorded and the capital gain schedule filed out, the gains have to be categorized as long vs short and the applicable rates applied.  If it was treated as a currency then the transaction would simple be exempt.  Not only does the taxpayer pay nothing they don't need to file anything. 

How do you know that your gain was $49.30 instead of $249.30?  You have to calculate it, which means that you have to record how much you paid for those particular bitcoins.  Since you don't know which bitcoins you will spend on large purchases (which may result in a tax) vs small purchases (which won't) you are left recording how much you paid for each bitcoin, which means that you are tracking everything, presumably through software.

Keep in mind that over time the value of the dollar drops, and so this $200 exemption will start to feel like a $20 exemption.

Let's also be a bit more realistic about whether the IRS cares whether or not you report capital gains on the bitcoins that you used to buy groceries with.  No one is going to report that, and no one is going to get in trouble.

Of course right now Bitcoin is appreciating (or at least has the potential to appreciate) and the gains may be more than $200 so it may not make much difference, however in a decade or two if/when Bitcoin is much larger and the growth rate much slower it would be much simpler for most average user of the currency if it was treated as a currency. 

Yep.  Pretty much everyone on this forum is going to be able to buy a house with their current stash of bitcoin.  Newbies don't seem to realize that bitcoins are going to be worth tens of thousands of dollars soonish (three years?  fifteen?).

Regardless of it one wants it to be treated as property, there is no logical reason for it:

Bitcoins are "mined" instead of being produced by governments.  What else is like that?  ...gold, silver, platinum, etc...   Bitcoin is a precious metal.  Precious metals are classified as property, not currency.

[achtung082]

...gold, silver, platinum, etc...

To my knowledge these are not taxed when you dig them out the ground.

[hello_good_sir]

...gold, silver, platinum, etc...

To my knowledge these are not taxed when you dig them out the ground.

Of course they are taxed when you dig them out of the ground.  They are taxed as income, exactly the same way that mined BTC are taxed.

Mined BTC will be taxed as income whether BTC is taxed as property or currency.  There is no scenario where mined BTC won't be taxed as income.  This thread is talking about how to tax gains rather than production.

[bryant.coleman]

I had already pointed this out when the IRS ruling first came. But in many nations (don't know the situation in the US), short-term caps gain is just added with the annual income, and income tax is paid over it.

[dancingnancy]

...gold, silver, platinum, etc...

To my knowledge these are not taxed when you dig them out the ground.

Of course they are taxed when you dig them out of the ground.  They are taxed as income, exactly the same way that mined BTC are taxed.

Mined BTC will be taxed as income whether BTC is taxed as property or currency.  There is no scenario where mined BTC won't be taxed as income.  This thread is talking about how to tax gains rather than production.

Don't believe you are correct.  If I go out to my backyard and mine or find 10 ounces of gold, this is not a taxable event.  I do believe when you sell it you are subject to taxation.

[DeathAndTaxes]

I had already pointed this out when the IRS ruling first came. But in many nations (don't know the situation in the US), short-term caps gain is just added with the annual income, and income tax is paid over it.

It is the same in the US.  The number in the OP are incorrect.

It is more like this:

Bitcoin Taxed as Property
Coins held 365+ days = taxed at long term capital gain rates (reduced rate of 0% to 20%)
Coins held 364 or less days = taxed at short term capital gain rates (same as ordinary income)

Bitcoin Taxed as Currency
Gains are taxed at regular income.
Gains of up to $200 per transaction involving the purchase of goods or services are exempt.
Exempt transactions do not need to be reported they are just "de minimis".

Code:

MTR   CG>364   CG<365   CurrencyExchangeRateGain
10%     0%      10%	   10% (gain of up to $200 per tx on goods/services is tax exempt)
15%     0%      15%	   15% (gain of up to $200 per tx on goods/services is tax exempt)
25%    15%      25%	   25% (gain of up to $200 per tx on goods/services is tax exempt)
28%    15%      28%	   28% (gain of up to $200 per tx on goods/services is tax exempt)
33%    15%      33%	   33% (gain of up to $200 per tx on goods/services is tax exempt)
35%    15%      35%	   35% (gain of up to $200 per tx on goods/services is tax exempt)
40%    20%      40%	   40% (gain of up to $200 per tx on goods/services is tax exempt)

MTR = Marginal Tax Rate (highest rate paid on the last dollar)
CG>364 = Long Term Capital Gain Rate
CG<365 = Short Term Capital Gain Rate
40% is actually 39.6% but it braks up my formatting and I am lazy.  Plus it is kinda obvious 39.6% was chosen over 40% for the same reason items are priced at $X.99.

[hello_good_sir]

It is the same in the US.  The number in the OP are incorrect.

Then your numbers are incorrect, because the numbers that I presented were a subset of the ones that you presented.  You agree with me and if I am wrong then you are wrong.  We're not wrong though.

[KyrosKrane]

<snip>
Bitcoin Taxed as Property
<snip>

Bitcoin Taxed as Property
<snip>

Did you mean to have both headers as property?